McGlone v Temple [2011] NZLLA 994 (30 August 2011)

Last Updated: 29 September 2011

[2011] NZLLA 994

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.132 of the Act for suspension of on-licence number 021/ON/13372/2011 issued to KETTLE & HOPS LIMITED in respect of premises situated at 15 Harington Street, Tauranga, known as "Temple"

BETWEEN NIGEL PETER MCGLONE

(Police Officer of Tauranga)

Applicant

AND KETTLE & HOPS LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

We have before us an application by Sergeant N P McGlone of Tauranga Police dated 3 June 2011, for suspension of an on-licence.

The grounds for the application are that the premises have been conducted in breach of the provisions of the following sections of the Act:

(i) Section 115 – manager to be on duty; and
(ii) Section 130 – failure to appoint a temporary manager; and
(iii) Section 165 – unauthorised sale or supply of liquor; and
(iv) Section 166 – sale or supply of liquor to an intoxicated person; and
(v) Section 167 – allowing any person to become intoxicated; and
(vi) Section 168 – allowing any intoxicated person to be or to remain in licensed premises; and
(vii) Section 172A – licensee’s offences in respect of a manager; and

that the conduct of the licensee has been such as to show that it is not suitable to hold the licence.

The applications stem from a series of incidents (11 in total) that occurred in the premises between 16 April 2011 and 1 June 2011.

During routine compliance visits by the Police on at least five occasions between the dates detailed above persons were located in the premises whom the Police assessed as being in varying stages of intoxication. It is further alleged that on several occasions the business was being ‘managed ‘ by a person who did not hold a manager’s certificate and who had not been appointed by the licensee in accordance with the requirements of s.130 of the Act; and patrons were being permitted to leave the premises with alcohol (the licensee does not hold an off-licence).

The respondent does not dispute the ground for the application and has engaged the services of a licensing consultant. Following discussions between the licensee, the Police and the District Licensing Agency a number of measures have been implemented to improve the operation of the premises.

Following these discussions the respondent has agreed to a recommended term of suspension of the on-licence. Accordingly, we make the following order by consent:

On-licence number 021/ON/13372/2011, issued to Kettle & Hops Limited, is suspended for 24 hours from 7.00 am on Friday 28 October 2011.

DATED at WELLINGTON this 30th day of August 2011

B M Holmes
Secretary

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